Yesterday, I wondered how the New York Times would treat Attorney General Holder's announcement of a military commission trial for the September 11 conspirators: "Will the Times praise Holder for respect...

I am really--and I mean really--looking forward to the New York Times editorial on Holder's announcement.

The Supreme Court today denied three pending petitions for certiorari: Al Odah v. Obama (No. 10-439), Awad v. Obama (No. 10-736), and Al Bihani v. Obama (No. 10-7814).

I don't disagree with Eric Holder's complaint regarding the role Congress has played in tying the Executive Branch's hands with respect to bringing the 9/11 conspirators to trial. In fact, I strongly agr...

The statement of Attorney General Holder appears below.  The just-unsealed indictment from SDNY to which he refers is posted here, and the five-page nolle prosequi filing is here (more thoughts on all of...

[Earlier today I posted what I thought was a newly-issued decision by Judge Hogan, dismissing as moot habeas claims by former GTMO detainees.  However, this opinion was not issued on APril 1 THIS year, b...

We've seen several reports that the Obama Administration is poised to announce, at a 2 P.M.

Over at SCOTUSblog, Lyle Denniston takes note of the fact that the Supreme Court during last Friday’s conference had before it the cert. petitions for several GTMO-related cases.

The D.C. Circuit also heard oral arguments today in El Falesteny v. Obama, some sort of Guantanamo case that is kept so tightly under seal that even the subject matter of the appeal seems to be a mystery...

Today the D.C. Circuit heard oral argument in Gul v. Obama and Hamad v. Obama, the consolidated appeals that ask whether a federal district court has jurisdiction to consider the claims of habeas petitio...

Former U.S. District Judge James Robertson published this interesting letter to the editor in the Washington Post. Judge Robertson is, to my knowledge, the first member of either the district court or th...

As Ben mentioned yesterday, the D.C. Circuit’s new Uthman decision signaled a notable clarification in how lower courts should consider evidence in habeas cases: When considering whether a detainee is "p...